The ACLU, which is representing Peet, says the district is in violation of the federal Equal Access Act because it has allowed other non-curricular clubs — including the chess club; the Key Club; the Family, Careers, Community Leaders of America; and the Fellowship of Christian Athletes — to meet on campus.

“Because Flour Bluff High has opened the door to non-curricular clubs on campus, it is required by law to permit the GSA club,” the ACLU writes in its letter dated today.

The ACLU also maintains that it’s illegal for the district to eliminate all non-curricular clubs to avoid allowing the GSA.

“Recently, a federal court in Mississippi held that when the school district canceled the prom in response to a student’s request to bring a same-sex date, the district violated the student’s First Amendment rights,” the ACLU said. “The proposed action by the District here is no different than the cancellation of the prom that the court held in McMillen to be unconstitutional.”

The ACLU gives the district until March 9 to respond.

“If you refuse to comply with your obligations under the EAA and the First Amendment, we will take whatever steps necessary to protect the rights of our client, Ms. Peet,” the letter states.